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#299518 - 10th Mar 2009 6:53pm What would happen?
_Ste_ Offline


Wiki Master

Registered: 7th Aug 2005
Posts: 15988
Loc: New Brighton
Weeeelllllllllll, upon being on my FOURTH replacement crappy 3 mobile broadband modem which i paid £100 for ONCE AGAIN it has broken! mad

They sold me a crappy outdated model at the time because thats `all they had in stock` YEAH Right!

They will not give me another model (even though it`s cheaper and obviously there is a common fault with the model i have).

They said the only way they can give me another model is if i buy a new one!
WTF?

Anyway, it leaves me with two choices...

1. Take one out of their own machine and leave them mine.

2. Smash the shop up to get my moneys worth back.

I cannot think of anything else as every time they give me a new one it breaks again and they will not refund me or give me a different model.

I`ve had enough! mad

What will be my punishment? think

I have a (or had) a bad criminal record.
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#299521 - 10th Mar 2009 7:29pm Re: What would happen? [Re: _Ste_]
Wheels Offline
Wiki Veteran

Registered: 4th Jan 2005
Posts: 8795
Loc: Tranmere
all electrical goods are covered by a 12month warranty. were did you get it from mate?

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#299522 - 10th Mar 2009 7:30pm Re: What would happen? [Re: Wheels]
MissGuided Offline

Awesome
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Registered: 18th Jul 2008
Posts: 9995
Loc: Back of the wardrobe
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#299525 - 10th Mar 2009 8:05pm Re: What would happen? [Re: MissGuided]
_Ste_ Offline


Wiki Master

Registered: 7th Aug 2005
Posts: 15988
Loc: New Brighton
Originally Posted By: Wheels
all electrical goods are covered by a 12month warranty. were did you get it from mate?


Got it from the 3 store in Birkenhead.

I`m rather annoyed, i am using my Sony k800i as a modem at the moment but its only 512k, rather annoyingly slow frown
No good for Ebay.

The last time i had to wait a week for a new modem.
So much for their 3 day policy snob

Thankyou for the link Miss G, i`ll check it out later smile
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#299537 - 10th Mar 2009 8:49pm Re: What would happen? [Re: _Ste_]
Wench Offline

H4H County Volunteer
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Registered: 9th Aug 2008
Posts: 8616
Loc: Second Circle of Hell.
Ste - Quote the following at them!!

Sale of Goods Act 1979.
Supply of Goods and Services Act 1982.
Sale and Supply of Goods Act 1994.
The Sale and Supply of Goods to Consumers Regulations 2002.

They appear, at first glance, to have breached their contract with you.

Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of Sale). Depending how long you have had it, it doesn't sound like the modem is "fit for purpose" or of "satisfactory quality" if it's broken already!! Depending on how long you had the other 3 modems for, the same will apply to them!

Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description. This appears not to be the case with you as it has already broken!!

(Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety).

It is the seller, not the manufacturer, who is responsible if goods do not conform to contract. If goods do not conform to contract at the time of Sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances).

For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement. If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit.

In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).


If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty), the consumer need not produce any evidence that a product was inherently faulty at the time of Sale.


If you need any more help, give me a shout mate wink

P.S. Thanks for the Contract Law Revision question raftl
_________________________
Sometimes Police Officers give more than just speeding tickets!

Itís hard to be fit as a fiddle when youíre shaped like a cello!

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#299553 - 10th Mar 2009 9:42pm Re: What would happen? [Re: Wench]
_Ste_ Offline


Wiki Master

Registered: 7th Aug 2005
Posts: 15988
Loc: New Brighton
Thanks J smile

They have replaced it 3 times, this is my fourth modem, they all have the same fault after a few months frown

Hmmm think Maybe i should take you with me J? raftl

Give em what for whippy

grin
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#299559 - 10th Mar 2009 9:57pm Re: What would happen? [Re: Wench]
diggingdeeper Offline

Wiki Guardian

Registered: 9th Jul 2008
Posts: 9897
Loc: Birkenhead
Originally Posted By: PaganJay

It is the seller, not the manufacturer, who is responsible if goods do not conform to contract


Isn't that at the consumer's choice or have recent (last 30 years) changes altered that?

On similar suject, manufacturers are allowed to self-certify the CE mark which is a sign of conformity - has anyone been done for putting a CE mark on something falsely. Basically what I am trying to ask "is the CE system a complete white elephant as it seemed to be when it was proposed"
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In a time of universal deceit - telling the truth is a revolutionary act. George Orwell

When the debate is lost, slander becomes the tool of the loser. Socrates

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#299565 - 10th Mar 2009 10:05pm Re: What would happen? [Re: diggingdeeper]
_Ste_ Offline


Wiki Master

Registered: 7th Aug 2005
Posts: 15988
Loc: New Brighton
think interesting.

It has the CE mark then the numbers 0678 after it? (CE~0678)
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#299603 - 10th Mar 2009 10:47pm Re: What would happen? [Re: diggingdeeper]
Wench Offline

H4H County Volunteer
Wiki Veteran

Registered: 9th Aug 2008
Posts: 8616
Loc: Second Circle of Hell.
Originally Posted By: diggingdeeper
Originally Posted By: PaganJay

It is the seller, not the manufacturer, who is responsible if goods do not conform to contract


Isn't that at the consumer's choice or have recent (last 30 years) changes altered that?

On similar suject, manufacturers are allowed to self-certify the CE mark which is a sign of conformity - has anyone been done for putting a CE mark on something falsely. Basically what I am trying to ask "is the CE system a complete white elephant as it seemed to be when it was proposed"


No DD, it's not the consumers choice - It's Statute Law. There is no getting round it. It is in black and white.

With regards to the CE markings - there is a list of standards that they must meet. It all comes under EU Law *shudders*

If you want to know about the CE markings, then try BERR *shudder*
_________________________
Sometimes Police Officers give more than just speeding tickets!

Itís hard to be fit as a fiddle when youíre shaped like a cello!

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#299604 - 10th Mar 2009 10:48pm Re: What would happen? [Re: _Ste_]
Wench Offline

H4H County Volunteer
Wiki Veteran

Registered: 9th Aug 2008
Posts: 8616
Loc: Second Circle of Hell.
Originally Posted By: _Ste_
Thanks J smile

They have replaced it 3 times, this is my fourth modem, they all have the same fault after a few months frown

Hmmm think Maybe i should take you with me J? raftl

Give em what for whippy

grin


If you want me to come with you just give me a shout honey. I'll go suited and booted in "court mode" wink
_________________________
Sometimes Police Officers give more than just speeding tickets!

Itís hard to be fit as a fiddle when youíre shaped like a cello!

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#299605 - 10th Mar 2009 10:48pm Re: What would happen? [Re: Wench]
SoundLad Offline

Are you SoNutz?
Forum Master

Registered: 22nd Aug 2007
Posts: 2987
Loc: Birkenhead, United Kingdom
Always wondered what the hell that CE mark is for.. So basically its to make the UK Law look good ?? Or am i going to into it without reading about it lol
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#299610 - 10th Mar 2009 10:54pm Re: What would happen? [Re: SoundLad]
Wench Offline

H4H County Volunteer
Wiki Veteran

Registered: 9th Aug 2008
Posts: 8616
Loc: Second Circle of Hell.
No, basically it's so goods can be exported in Europe etc and be deemed to have met EU Directives on safety etc. I don't get some of it as EU Law gives me Tourette's raftl
_________________________
Sometimes Police Officers give more than just speeding tickets!

Itís hard to be fit as a fiddle when youíre shaped like a cello!

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#299660 - 11th Mar 2009 12:47am Re: What would happen? [Re: Wench]
diggingdeeper Offline

Wiki Guardian

Registered: 9th Jul 2008
Posts: 9897
Loc: Birkenhead
Sale of Goods etc used to be that you could return an item to manufacturer or retailer - but now I seem to remember them plugging the hole because too many retailers were convincing customers that they SHOULD shove it back to manufacturer.

Is Tourette's a special type of Tort?

Original idea of CE mark was that goods would be thoroughly tested to see if they comply preferably by an independent contractor. Unfortunately, some "plank" decided that the manufacturer would be allowed to CE mark "at risk", ideally the concept was that the manufacturer didn't fully test compliance but could use engineering judgement on some matters and take the proffesional risk of this judgement. In practice this means the manufacturer can just stick the CE mark on and hope nothing goes wrong. Bring back British Standards, these were fully controlled and policed, I don't think there is a body to police CE marks.
_________________________
In a time of universal deceit - telling the truth is a revolutionary act. George Orwell

When the debate is lost, slander becomes the tool of the loser. Socrates

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#299880 - 11th Mar 2009 6:10pm Re: What would happen? [Re: diggingdeeper]
Softy_Southerner Offline

Forum Guardian

Registered: 2nd May 2008
Posts: 4090
Loc: Back in Devon
Ste. I would check out digital spy website where they have forums. search for your model and see if it's a common fault. Maybe if you can show that it's not just you having the problem and it is a batch / model fault then you may have a bit more luck with getting them to change the replacement.

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